Can English nationalism be protected as a belief?

 

The claimant said that he was dismissed because of his philosophical belief in English Nationalism and was therefore discriminated against. The case concerned whether the claimant's beliefs amounted to a philosophical belief as defined by the Equality Act 2010. 

 

The judge at the initial hearing accepted that the claimant's beliefs met the grounds of being genuinely held and affected how he lived his life. However, his views included the belief in the forcible deportation of Muslims from the UK. This was contrary to the European Convention on Human Rights and could not be a philosophical belief protected by law. 

 

The tribunal did not need to consider whether his beliefs were the cause of the dismissal. Even if he was dismissed because of his beliefs, this would not be discriminatory as they were not protected. 

 

He appealed against the finding that his views were not a protected philosophical belief. Despite having some criticism of the original judge's reasoning, the Appeal Tribunal held that it wasn't an error of law, and the judge was entitled to find as he did. 

 

The claimant is entitled to hold his views but they are not protected by the Equality Act. 

 

 

The case highlights a simple point. Beliefs that others should suffer harm or detriment, or lose rights and freedoms, are not worthy of respect in a democratic society. Such views are not protected by anti-discrimination law. 

 

But belief is a complex question, and there are many factors that decide whether a belief is protected. Not all deeply held views will be protected, but some opinions which seem unpleasant may be protected. 

 

HR professionals should exercise care when dealing with an employee who has strong beliefs. The legal definition must be applied carefully and as objectively as possible. It is often sensible to take legal advice on the question.